Second Crewmembers Dies in Norwegian Breakaway Lifeboat Drill Accident

A second crewmember has died from the July 20th incident wherein a lifeboat fell from the NCL operated Norwegian Breakaway while docked at Kings Wharf, Bermuda. As previously reported by The Maritime Law Blog, four crewmembers fell into the water when a lifeboat they were manning during a drill broke from its tether. Four of the crewmembers were taken to an area hospital were Diogenes Carpio died from his injuries. One of there other crewmembers, Ben Buenaventura, who was a waiter aboard the Norwegian Breakaway, was medevaced to Jackson Memorial Hospital in Miami wherein he was admitted into the intensive care unit. It was reported that Mr. Buenaventura suffered a traumatic brain injury along with fractured legs, hip and right arm. After spending over a month in intensive care, Mr. Buenaventura succumbed to his injuries.

Second Crewmembers Dies in Norwegian Breakaway Lifeboat Drill AccidentA second crewmember has died from the July 20th incident wherein a lifeboat fell from the NCL operated Norwegian Breakaway while docked at Kings Wharf, Bermuda. As previously reported by The Maritime Law Blog, four crewmembers fell into the water when a lifeboat they were manning during a drill broke from its tether. Four of the crewmembers were taken to an area hospital were Diogenes Carpio died from his injuries. One of there other crewmembers, Ben Buenaventura, who was a waiter aboard the Norwegian Breakaway, was medevaced to Jackson Memorial Hospital in Miami wherein he was admitted into the intensive care unit. It was reported that Mr. Buenaventura suffered a traumatic brain injury along with fractured legs, hip and right arm. After spending over a month in intensive care, Mr. Buenaventura succumbed to his injuries.

NCL is not the only cruise line that had a fatal lifeboat drill in recent months. On September 13th, a seaman died when a lifeboat fell from Royal Caribbean’s Harmony of the Seas while calling on Marseilles, France.

Photo Credit: The Royal Gazette

Second Crewmembers Dies in Norwegian Breakaway Lifeboat Drill Accident Second Crewmembers Dies in Norwegian Breakaway Lifeboat Drill Accident Second Crewmembers Dies in Norwegian Breakaway Lifeboat Drill Accident Second Crewmembers Dies in Norwegian Breakaway Lifeboat Drill Accident

Federal Court Allows Injury Claim to Proceed Against a Key West WaveRunner Tour Company

We often write about personal watercraft rental and tour companies liability. Unlike most other rental businesses, the Florida legislator and Florida’s Fish and Wildlife Conservation Commission have imposed certain regulations requiring these companies to provide specific instruction to their customers before allowing them on the water. Penalties for violating such statutes including a finding that any pre-injury release and wavier of liability signed by the renter to be null and void and a finding that the rental company is presumably at fault for the accident. Recently, a Federal Court was asked to rule as a matter of law whether a personal watercraft rental and tour company’s alleged statutory violations rendered its pre-injury release and waiver of liability unenforceable and whether the company was to be presumed at fault for the accident resulting in two of its customers to be air-lifted to the hospital.

Federal Court Allows Injury Claim to Proceed Against a Key West WaveRunner Tour CompanyWe often write about personal watercraft rental and tour companies liability. Unlike most other rental businesses, the Florida legislator and Florida’s Fish and Wildlife Conservation Commission have imposed certain regulations requiring these companies to provide specific instruction to their customers before allowing them on the water. Penalties for violating such statutes including a finding that any pre-injury release and wavier of liability signed by the renter to be null and void and a finding that the rental company is presumably at fault for the accident. Recently, a Federal Court was asked to rule as a matter of law whether a personal watercraft rental and tour company’s alleged statutory violations rendered its pre-injury release and waiver of liability unenforceable and whether the company was to be presumed at fault for the accident resulting in two of its customers to be air-lifted to the hospital.

The Accident

A mother and daughter paid for a Yamaha WaveRunner tour around Key West conducted by Sunset Waverunner Tours, Inc. Shortly after leaving the starting point, the daughter, with her mother in the passenger seat, drove the WaveRunner into a mangrove forest. The two suffered significant personal njuries and were medevaced to Jackson Memorial Hospital in Miami.

Federal Court Allows Injury Claim to Proceed Against a Key West WaveRunner Tour Company Federal Court Allows Injury Claim to Proceed Against a Key West WaveRunner Tour Company Federal Court Allows Injury Claim to Proceed Against a Key West WaveRunner Tour Company Federal Court Allows Injury Claim to Proceed Against a Key West WaveRunner Tour Company